Broadwater Farms Joint Venture v. United States

OPINION

HODGES, Judge.

This Fifth Amendment takings case is before the court after trial on liability. Plaintiff asserts that it is entitled to compensation because actions by the United States Army Corps of Engineers resulted in plaintiffs inability to use its property. We address two threshold questions in this opinion: 1) Whether the Corps of Engineers’ cease and desist order and settlement agreement in this case constitute final agency action; and 2) Whether the property interest affected by the Corps’ action is of such magnitude in comparison with the entire parcel to constitute a…